. >> his older brother, tamerlan tsarnaev, was killed on friday in a gun battle with police. two years ago he was questioned by the fbi over concerns he may have had ties to armed groups. >> they had information from a foreign intelligence service that they were concerned about his possible radicalization. >> it's not clear when dzhokhar tsarnaev might be charged. the boston marathon bombings killed three people and wounded 180. he is also suspected of killing a police officer and injuring another. among the federal charges he could face is use of a weapon of mass destruction. if convicted, he could face the death penalty. the crimes were committed in the state of massachusetts, where capital punishment has been abolished. yet another competition in this case. some republican lawmakers also say that he should be declared an enemy combatant, and the case moved to a military tribunal at guantanamo bay, cuba. >> he is an american citizen. he's responsible for a crime here in america. but i trust the attorney general to make that call and make it wisely. be madedecision cannot un